Stay current with legal news in Tennessee. This page features the latest news for and about the Tennessee legal community, either produced by the Tennessee Bar Association or collected from news sources.
Greene County General Sessions court moved back a scheduled appearance by Rep. David Hawk to July 16 in a domestic assault case filed by his wife. The Greeneville Republican lawmaker had been scheduled to appear today. The five-term representative pleaded not guilty a day after the charge was filed March 18. The News Sentinel has more
Politico has a story on four former politicians who left office after each had "a dramatic press conference, a shame-filled public apology, a tearful spouse and the end of a promising political career." One is former Tennessee state Sen. Paul Stanley, who resigned in 2009 after news of an affair with his 22-year-old intern broke. Among his advice now is not to be alone "with someone of the opposite sex after 5 p.m. or after business hours. There's nothing good that can come of it."
Sen. Lamar Alexander, R-Tenn., wants to make it "absolutely clear" that the Lacey Act was not intended to seize instruments made of wood harvested before 2008. "I don’t want the musicians from Nashville who are flying to Canada to perform this summer to worry about the government seizing their guitars," he said, adding that he hopes to get a clear ruling from the Justice Department in a few weeks. If not, he says he'll introduce legislation to change the Lacey Act. Read more in the Chattanoogan
Chattanooga lawyer Lee Davis writes about a 6th Circuit case, United States v. David Earl Doyle, that concerns whether a defendant’s prior conviction for evading arrest is a “violent felony” for purposes of the Armed Career Criminal Act (ACCA). Read his column in the Chattanoogan
The American Legion Boys' State program began this weekend at Tennessee Tech University, and for the eighth year features the SCALES program (Supreme Court Advancing Legal Education for Students), during which the Tennessee Supreme Court will hold a special session to hear oral arguments in two cases. Gov. Bill Haslam was also scheduled to speak to the group. Judge John J. Maddux Jr. has overseen the program as Tennessee Boys' State chairperson for almost three decades. The Herald-Citizen has the story
The Tennessee Supreme Court is now accepting comments regarding the Administrative Office of the Courts' proposal that expands and updates the provisions of Supreme Court Rule 42. Rule 42 governs the appointment and compensation of court interpreters and translators in this state. Read the proposed amendments and submit a comment by June 15 at the Administrative Office of the Court web site
The U.S. Supreme Court says interpretation and translation are not the same thing when it comes to paying fees associated with federal civil lawsuits. The high court ruled today that Kan Pacific Saipan Ltd. did not deserve compensation for interpreters for fighting off a lawsuit from a Japanese professional baseball player. The company argued that translating written documents was the same as "compensation of interpreters," which can be charged to losing parties, but the court disagreed. TriCities.com has this AP story
The U.S. Supreme Court today ruled that a man's children who were conceived through artificial insemination after his death cannot get Social Security survivor benefits. Justices unanimously ruled that twins born to Robert Capato's surviving wife Karen did not qualify for survivor benefits because of a requirement that the federal government use state inheritance laws. Capato died a Florida resident, and Florida law expressly bars children conceived posthumously from inheritance, unless they are named in a will. NPR has this analysis
Cumberland County attorney Randal Boston will review a report and documents from the renovation and remodeling of a portion of the Justice Center to determine if a civil suit could be pursued by the county. Renovations done about three years ago, commissioners say, have had to be repaired many times, causing water damage and mold. One architecture firm estimates the needed repairs to be more than $400,000. The Crossville Chronicle reports
More than 2,000 people have been exonerated of serious crimes since 1989 in the United States, eight of them in Tennessee, according to a report by college researchers who have established the first national registry of exonerations. Researchers say that the leading causes of wrongful convictions are perjury, faulty witness identification and misconduct by prosecutors. The registry itself, which looks deeply into 873 specific cases of wrongful conviction, examined cases based on court documents as well as from groups that have long documented wrongful convictions. That group of wrongfully convicted spent more than 10,000 total years in prison, according to the report, with an average of 11 years each. CNN has more
The East Tennessee Lawyers Association for Women (ETLAW) has honored Heidi Barcus of Knoxville’s London Amburn law firm with its 2012 Spirit of Justice Award. The award is given in recognition of outstanding service to the legal profession. Barcus, who is the Knoxville Bar Association's President Elect, is also a past historian and board member of ETLAW, and was one of the first female attorneys in the state to achieve certification as a medical malpractice specialist, heading up that division at her firm. Past award recipients include Supreme Court Justice Sharon Lee and Knoxville lawyer Wanda Sobieski.
The Tennessee Lawyers' Association for Women (TLAW) will hold its annual meeting over breakfast on June 8 at The Peabody in Memphis. TLAW has several events planned for the annual meeting, which is being held in conjunction with the Tennessee Bar Association Convention. For more information e-mail Wynne Caffey, call 865-766-0056 or download registration information.
A former Shelbyville woman, Torry Hansen, who sent her adopted son back to Russia two years ago was ordered Thursday to make monthly child support payments and pay damages in the case. Hansen was ordered by Circuit Court Judge Lee Russell to pay damages of $150,206 for breach of contract, legal fees and back child support for the boy, plus an additional $1,000 per month of child support starting June 1 until he turns 18. He is 10. When he was 8, Hansen sent the boy back to Moscow alone on a plane with a letter saying he was violent, had psychological problems and that she didn't want him anymore. The Shelbyville Times-Gazette has more
The number of female lawyers in large law firms doesn’t tell the whole story, as the tally for female lawyers in leadership positions is still "depressingly low," says Colin O'Keefe, who is editorial manager at LexBlog Inc. He interviews attorney-mediator and Forbes blogger Victoria Pynchon about the numbers and the hope they give. If you want the law to be your career, she says to young female lawyers, and if you want to practice the most sophisticated and complex law with the brightest people in the world, here’s some good advice for you. Watch the interview from Forbes
Memphis lawyer Leigh-Taylor White practices family law and credits her "unique constitution" to be able to handle all the emotion of the stories she hears. “It’s some of the most personal things you can go through, and what you don’t need is someone that’s going to cater to every whim and get riled up with you," she says of her ability and love of her job. "You need someone who’s going to advise you calmly.” Read more about her in the Memphis Daily News
Last week, 7th Circuit Court Judge Randy Kennedy sent the media out of his courtroom and sealed the entire case file for a conservatorship case involving actress Reese Witherspoon’s father. He said the prejudice that would befall the Witherspoon family outweighs the public’s right to know. But a national advocacy group says that in general, blocking access can hinder efforts to curb guardianship abuse and prevents the public from performing its watchdog role over the court system. The Tennessean has the story
Tennesseans who have committed certain nonviolent crimes will be able to have their criminal records expunged for a $350 fee under a bill expected to become law July 1. The legislation, sponsored by state Rep. Karen Camper and state Sen. Reginald Tate, both D-Memphis, passed by a wide margin earlier this year. Tennesseans convicted of a single felony or misdemeanor for nonviolent theft, certain types of fraud, vandalism, or other nonviolent crimes may qualify. They must have stayed crime-free for the past five years and paid all restitution and penalties. The Commercial Appeal has more
When Vanessa Coleman is tried for a second time in a January 2007 torture slaying, one of the victim's name will not be on the indictment. Coleman's lawyer, Ted Lavit, told Special Judge Jon Kerry Blackwood on Thursday that he intends to file a motion also asking the judge to bar prosecutors from introducing testimony or evidence related to Christopher Newsom's death, including photographs of his burned body. Lavit says Coleman was exonerated on all counts related to Newsom. Prosecutors Leland Price and TaKisha Fitzgerald have not yet weighed in on Lavit's position that evidence on Newsom's death should be excluded since Lavit has not yet filed a written motion. The News Sentinel reports
Jeremy Ball has been elected president of the Jefferson County Bar Association. He is assistant district attorney for the 4th Judicial District. N. Craig Strand with O'Neil, Parker & Williamson, is the vice president, and treasurer is attorney Jill Talley.
